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Ahmad Syofyan
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Ruang Jurnal, Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Sumantri Brojonegoro No.1 Bandar Lampung. 35145. Indonesia
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FIAT JUSTISIA: Jurnal Ilmu Hukum
Published by Universitas Lampung
ISSN : 19785186     EISSN : 24776238     DOI : http://doi.org/10.25041/fiatjustisia
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such as: ● humanity ● heritage law ● family law ● civil and political rights ● economic, social, and cultural rights ● solidarity rights ● philosophy of law ● private law ● international law ● civil law ● criminal law ● administrative law ● constitutional law ● adat law ● Intellectual Property Rights ● commercial court ● district court ● high court ● supreme court ● constitutional court ● industrial relations court ● administrative court ● fishery court ● military court ● taxation court ● court of human rights ● court of religion
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 18 No. 4 (2024)" : 6 Documents clear
Implementation of Asymmetrical Decentralization In Papua: Relevance to Demands and Problems Angela, Deni; Nursadi, Harsanto
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3474

Abstract

This research aims to analyze the implementation of asymmetric decentralization in Indonesia with the case study of Papua. Efforts to end the conflict in Papua are a priority for the Indonesian government. This research uses qualitative research methods packaged in a normative legal approach, including historical and legal approaches as primary sources for research. Based on the special autonomy law, there’s potential and equitable development through articles that provide opportunities for Indigenous Law 2/21. Because several changes lead to equality and the elimination of inequality. However, in practice, asymmetric decentralization can possibly become a problem, especially regarding the threat of conflict due to expansion and acts of corruption, collusion, and nepotism. In practice, several indicators have not been able to provide a solution to the separatism movement in Papua, especially regarding the peace agreement. The Implementation of special autonomy has not been a complete solution. Meanwhile, in the relevance of special autonomy, Law 2/21 sporadically has been by the requests represented DPRD included in the expense of discrimination and development allocation. However, in several demands, the Indonesian government has not been able to answer one of which is dialogue and openness of journalistic activities.
Challenging Impunity: Colombia and Nicaragua's Intervention in the Israeli Genocide Case at the ICJ Gunawan, Yordan; Prameswari, Elfa Rheanna; Himmaturrahmah, Himmaturrahmah
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3593

Abstract

In 2023, Colombia and Nicaragua intervened in cases where Israel was accused of genocide. These interventions challenge the principle of impunity often enjoyed by powerful states. Colombia and Nicaragua have taken a stand against perceived injustices and sought to influence the course of the international legal process. This research used normative research methods, namely international law literature, legal documents, and previous ICJ decisions. This article analyzed the legal basis of the intervention and its impact on international law enforcement efforts related to genocide. This analysis is expected to contribute to the ongoing discussion in international law, particularly regarding state responsibility for the crime of genocide. This case challenges the practice of impunity in international law, particularly in relation to state actions deemed to violate human rights on a mass scale. This research also contributes to our understanding of the role of the ICJ in dealing with allegations of genocide, as well as the importance of small and medium-sized state interventions in fighting for international justice.
Neglecting Transparency in the Qur'an Recitation Test for Legislative Candidates in Aceh Karim, Zahlul Pasha; Muazzinah, Muazzinah; Bantasyam, Saifuddin; Efendi, Sumardi
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3626

Abstract

This research examines the neglect of the principle of transparency in Qur'an literacy tests for legislative candidates in Aceh, which has hindered voters from making informed decisions. It explores two key questions: What forms does the neglect of transparency take in the Qur'an literacy test for legislative candidates in Aceh? And what are the causes and impacts of this neglect? The findings reveal that the neglect of transparency occurs in two primary forms: first, the establishment of subjective score standards, and second, the refusal of the Independent Electoral Commission (KIP) Aceh to publicly announce the test results. This issue arises from the absence of regulatory mechanisms that would require KIP Aceh to disclose the test outcomes and from the closed process by which the score standards are determined in collaboration with the Qur'an Reading Test Team. The impact of this neglect is the limited public access to vital information needed to elect legislators with religious competence, a quality of significant importance in Aceh, where religious knowledge plays a key role in qualifying individuals for public office.
Legal Protection for Female workers in Indonesia (Study on the Rights of Female Workers in Tolitoli) Mulyadi, Mulyadi; Yodo, Sutarman; Sulbana, Sulbana
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3598

Abstract

The lack of guarantees for female workers' rights remains a significant issue in Tolitoli Regency, encompassing concerns such as equal pay, decent work, maternity leave, childbirth and breastfeeding rights, social security, and protection against discrimination. This study, using a socio-legal approach with both qualitative and quantitative methods, finds that labor laws protecting female workers have not been fully implemented. Specifically, 90.2% of companies fail to provide maternity leave, and many others do not adhere to all relevant labor regulations. Key obstacles include limited awareness of rights, weak legal enforcement, and gender discrimination, along with a lack of employer responsibility. The study suggests that the Manpower Law can help create a more conducive environment for the protection of female workers' rights.
Ethical Contracts vs. Commercial Realities in Indonesian Sharia Insurance Asyiqin, Istianah Zainal
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3635

Abstract

This article examined legal issues within Indonesia's Sharia insurance industry, focusing on implementing dual contracts combining tabarru’ (voluntary) and tijarah (business) agreements. The qualitative study used secondary data and a taxonomic technique to identify legal challenges. Ideally, the contract structure should separate the management of these two agreements, with tabarru’ as the primary contract and tijarah as supplementary. However, the findings revealed that Indonesia's takaful industry prioritized the supplementary tijarah contract over the primary tabarru’. This issue resulted in inadequate separation of tabarru’ and tijarah funds, leading to the mixing of returns from both sectors. This practice contradicted the fatwas issued by the National Sharia Council-The Indonesian Ulama Council (DSN-MUI) regarding Islamic insurance.Additionally, the article identifies ambiguities within some DSN-MUI guidelines. To address these issues, the article proposed an alternative contract scheme from the perspective of fiqh al-mu'amalah (Islamic economic law), suggesting that tabarru’ could be based on a fee (ujrah). In contrast, other contracts could be structured around profit and loss-sharing investment agreements.
Abuse Of Authority By State Officials In Corruption Cases: The Case Of Complete Systematic Land Registration Program Hadi Prayitno, Ahmad; Wahyono, Dwi; Bagaskoro, M Rizal
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3865

Abstract

The judge’s decision in the corruption case involving the abuse of authority in The Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap or PTSL) program underscores the importance of legal certainty in holding perpetrators accountable for actions that harm state and community finances. This research aims to examine and analyze the abuse of authority by state administrators in corruption cases, the accountability of the perpetrators in PTSL-related corruption, and the prevention of corruption in the implementation of complete systematic land registration. The research employs a normative juridical approach. The findings indicate that the accountability of the perpetrators clearly meets the elements outlined in Article 3 in conjunction with Article 18 of the Corruption Law. Abuse of authority, as an element of corruption in Indonesia, manifests in actions that contradict the public interest or benefit individuals, groups, or other parties, as well as the misuse of procedures intended to achieve specific goals. The ideal concept for combating corruption, as adopted by the government and applied to future PTSL implementation, is the establishment of a non-criminal, institution-based prevention and education unit focused on addressing corruption.

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